In last month's issue, the author discussed the development of federal and New York State statutory and case law regarding third-party liens against the proceeds of medical judgments. Part Two herein concludes the discussion.
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
One state has made inoculation against the H1N1 and other strains of flu mandatory, and several hospital systems have done the same. Some individuals see the new rules as an impingement on personal liberty 'and are up in arms.
Who's doing what; who's going where.
Recent rulings of interest to you and your practice.
Recent happenings in this important arena.
The latest news you need to know.
In last month's issue, the author began a discussion of nanomedical applications for disease diagnosis, therapy, and prevention, and of why the new technologies that make these advances possible are likely to change the practice of medicine. Now, he looks at more ways in which the use of nanomaterials in drugs and medical devices may affect the provision of health care and lead to new medical liability issues.
When it comes to claims by medical providers and government agencies seeking reimbursement from patients' personal injury awards, there is often a blurred distinction between liens and subrogation rights. And what about the ethical considerations and violations that are integrally involved in these cases?
What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.
